K.B. Suresh vs The District Collector on 21 March, 2014

[Cites 1, Cited by 1]

Kerala High Court

K.B. Suresh vs The District Collector on 21 March, 2014

Bench: A.M.Shaffique

       

  

  

 
 
           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT:

           THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

    FRIDAY, THE 21ST DAY OF MARCH 2014/30TH PHALGUNA, 1935

                 WP(C).No. 5288 of 2014 (I)
                 ---------------------------

PETITIONERS:
-----------

   1. K.B. SURESH, KUNNUMPURATH,
       PALAKKATTUMALA P.O., MARANGATTUPALLY.

   2. M.S.HARIKUMAR,MANDAPATHIL,
      PALAKKATTUMALA P.O., MARANGATTUPALLY.

       BY ADV. SRI.S.MANU

RESPONDENTS:
-----------

    1. THE DISTRICT COLLECTOR,
       KOTTAYAM, COLLECTORATE, KOTTAYAM-686002.

    2. THE REVENUE DIVISIONAL OFFICER,
       PALA, CIVIL STATION, PALA P.O.-686575.

    3. THE TAHSILDAR,
       PALA, TALUK OFFICE, CIVIL STATION
       PALA P.O.-686575.

    4. THE VILLAGE OFFICER,
       KURICHITHANAM VILLAGE, KURICHITHANAM P.O.,
       PALA PIN-686575.

    5. THE SUB INSPECTOR OF POLICE,
       MARANGATTUPALLY POLICE STATION,
       MARANGATTUPALLY P.O.PIN-686635.

    6. THE GEOLOGIST, DEPARTMENT OF MINING
       AND GEOLOGY DISTRICT OFFICE
       COLLECTORATE, KOTTAYAM-686002.

    7. JOBY M., MUNDAMATTAM,
       VELLIYEPPALLY P.O., PANTHATHALA
       PALA, PIN-686575.

WP(C).No. 5288 of 2014 (I)



    8. BINU.M.,MUNDAMATTAM,
       VELLIYEPPALLY P.O., PATHATHALA
       PALA, PIN-686575.

    9. BABU,OZHANGAL, POONJAR, SOUTH P.O.
       PALA-686582.

   10. SIDDIQUE,MATHRAKKATTU,
       PERINGALA P.O., PIN-683565.

        BY GOVERNMENT PLEADER SMT. K.A. SANJEETHA
       R9 BY ADV. SRI.P.C.HARIDAS
       R10 BY ADVS. SRI.MURALI PURUSHOTHAMAN
                     SRI.DEEPU LAL MOHAN
                     SMT.S.LEENA


       THIS WRIT PETITION (CIVIL)  HAVING BEEN FINALLY HEARD
       ON 21-03-2014, THE COURT ON THE SAME DAY DELIVERED
       THE FOLLOWING:

BP



                      A.M.SHAFFIQUE, J
                     * * * * * * * * * * * * *
                    W.P.C.No.5288 of 2014
                 ----------------------------------------
             Dated this the 21st day of March 2014


                         J U D G M E N T

Petitioners have approached this Court complaining that though permission has been given by the competent authorities to respondents 9 and 10 for extracting ordinary earth, they are extracting more earth than what is permitted which is in gross violation of the conditions of licence. This fact is disputed by respondents 9 and 10.

2. The learned Government Pleader would submit that during the pendency of this writ petition, stop memo has been issued to the persons involved in the extraction of earth.

3. Under these circumstances, the right of the party respondents is to take appropriate proceedings pursuant to the stop memo issued. As matters stand now, there is no necessity to proceed with the writ petition as the complaint W.P.C.No.5288/204 2 of the petitioners is substantially redressed by the stop memo issued by the Government authorities. As far as 10th respondent is concerned, his licence has expired and he does not intend to get it renewed as well.

Under these circumstances, this writ petition has become infructuous and hence it is dismissed as infructuous.

(sd/-) (A.M.SHAFFIQUE, JUDGE) jsr

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